KISHAN GOPAL VASSAL Vs. STATE OF M P

JUDGEMENT

(1.) INVOKING extraordinary jurisdiction of this Court under section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'code')the petitioners have filed this petition for quashing the proceedings in Criminal case No. 867/99, pending against them in the Court of CJM, Raisen under section 18 (a) (i) read with Section 27 (d) of Drugs and Cosmetics Act, 1940 thereinafter referred to as the 'act' ).

(2.) THE facts which led to filing of this petition, shortly narrated, are that on 30. 3. 1996 Drug Inspector of District Raisen purchased 200 Betnasol tablets from M/s Raj Medical stores, Obedullaganj, for analysis. After following the required procedure he sent one part of the drug sample to Govt. Analyst, Bhopal along with form No. 18 who found the aforesaid Betnasol tablets to be of substandard quality. On enquiry, it was informed by the proprietor of M/s Raj medical Stores that the aforementioned Betnasol tablets were purchased by them from M/s Prakash Medical Stores, Bhopal. The proprietor of M/s Raj medical Stores also produced photo stat copies of the bills. On enquiry, the proprietor of M/s Prakash Medical Stores said that the drug, in question, was purchased by them from Glaxo India Ltd. The Drug Inspector filed a complaint against the proprietor of M/s Raj Medical Stores, arraying him as accused No. 15, M/s Prakash Medical Stores, as accused No. 16, M/s Glaxo India, Ltd. as accused No. 1 and Directors of M/s Glaxo India Ltd. as accused Nos. 2 to 14.

(3.) THE accused No. 1 of the aforesaid complaint, Glaxo Smith Kline pharmaceuticals Ltd. (formerly known as Glaxo India Ltd.) filed a petition under section 482 of the Code for quashing the proceedings of aforesaid Criminal Case no. 867/99 inter alia, alleging that accused No. 2 to 14, i. e. the Directors of the company have been wrongly impleaded as accused without making any averment against them and the Court erred in taking cognizance against them in the complaint. This Court, while dismissing Misc. Criminal Case No. 8526/ 2004 held that the petition is not on behalf of accused Nos. 2 to 14. The point raised cannot be decided by this Court in the petition filed by Glaxo India Ltd. Accused Nos. 2 to 14 are at liberty to prosecute their application before the trial Court or seek other available remedy. Against the aforesaid order of this court SLP was filed before the Apex Court. As per the statement at Bar the slp has been dismissed by the Apex Court.